JANWADI MAHILA SANGHATANA WELCOMES HC JUDGEMENT DISMISSING PETITION FOR SEX SELECTION BEFORE CONCEPTION
9 September 2007
Akhil Bharatiya Janwadi Mahila Sanghatana (AIDWA) welcomes the dismissal by the Mumbai High Court of a couple’s petition seeking to undergo pre-conception medical procedures that would ensure them a male child. The petitioners had argued that as an ‘affluent’ couple that already had two daughters, they had a right to use sex selection technology in order to have a ‘balanced’ family. They had therefore challenged the PcPNDT Act that prevents such sex selection. By striking down the petition, the judgment upholds the primacy of the constitutional principal of equality and rejects the ‘son preference’ that is sought to be justified by the petitioners. The Hon. Judges have rightly expressed concern at the enormous imbalance in the sex ratio in the country.
The Mumbai High Court has once again upheld the constitutional validity of the PcPNDT Act 2003 that prohibits sex selection at conception or during pregnancy. Earlier, in 2005, the same Court had dismissed another petition challenging the validity of the Act. We hope that in future the High Court will not entertain any new petitions seeking access to pre-natal sex selection technology and attempting to overturn the provisions of the 2003 Act.